Author Archives: Gerald Barnett

The Dole-Bayh Act: Preference for United States Industry

Posted on July 8, 2020 by Gerald Barnett

Before there was the Bayh-Dole Act, Senator Dole drafted a version of the law. We are looking at various sections. Today, the Preference for United States Industry. In Bayh-Dole, this is 35 USC 204. But in Dole-Bayh, it is Section … Continue reading →

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Defense Contracting, Bayh-Dole Fantasies, and Workarounds–3

Posted on July 7, 2020 by Gerald Barnett

We have been working through a DoD guide for contracting officers in navigating IP rights–Bayh-Dole and data rights. The data rights are a whole nother saga, so we are leaving them alone for now. Here in summary form are the … Continue reading →

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Defense Contracting, Bayh-Dole Fantasies, and Workarounds–2

Posted on July 6, 2020 by Gerald Barnett

We are working through a guide for Department of Defense contract officers that has been left up at a government website for nearly twenty years. Much has changed, but the guide hasn’t. From it we can gain some insights into … Continue reading →

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Defense Contracting, Bayh-Dole Fantasies, and Workarounds–1

Posted on July 5, 2020 by Gerald Barnett

In 2001, the Office of the Under Secretary of Defense For Acquisition, Technology and Logistics published a guide to federal contracting–“Intellectual Property: Navigating Through Commercial Waters: Issues and Solutions When Negotiating Intellectual Property with Commercial Companies.” [Or get it here. … Continue reading →

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The Dole-Bayh Act: Subject Inventor

Posted on July 3, 2020 by Gerald Barnett

Before the Bayh-Dole bill came together, there were precursors. One of these is a draft bill produced by Senator Dole. It differs in a number of ways from the bill that became Bayh-Dole, and the differences provide some insight into … Continue reading →

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The Dole-Bayh Act: Patentability

Posted on July 2, 2020 by Gerald Barnett

We are looking at a draft of a bill proposed by Senator Dole, with Bayh along for the ride. It–and other drafts, such as the Thornton bill (HR 8596), and the Institutional Patent Agreement master, and the Federal Procurement Regulation … Continue reading →

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Persons under Bayh-Dole

Posted on June 29, 2020 by Gerald Barnett

Bayh-Dole defines “contractor” as ” Any person, small business firm, or nonprofit organization that is a party to a funding agreement. You might think this is about as straightforward as things can get. You might think wrong. What follows is … Continue reading →

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Bayh-Dole, Tyrannosaurus

Posted on June 23, 2020 by Gerald Barnett

Bayh-Dole is a mess of a law. There’s the mess of the conception itself, the disgusting and ineffectual idea that the federal government should sue its citizens for using inventions made with public funding to advance public purposes–and should do … Continue reading →

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Mick Stadler writes a letter in 1976 on “effective transfer mechanisms”–2

Posted on June 19, 2020 by Gerald Barnett

We are working through Mick Stadler’s 1976 letter to Research Corporation’s Willard Marcy. Stadler outlines eight functions for a next generation “technology transfer mechanism.” The essentials of Stadler’s view are that the mechanism must distribute technology widely, must be distributed, … Continue reading →

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Mick Stadler writes a letter in 1976 on “effective transfer mechanisms”–1

Posted on June 18, 2020 by Gerald Barnett

On June 29, 1976 Mick Stadler wrote a letter to Willard Marcy, the Vice President of Research Corporation’s Patent Program. Stadler at the time was assistant director of the Case Western Reserve technology transfer program. He would go on to … Continue reading →

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